CHAPTER 2. ENCLOSURES, TRESPASSING ANIMALS, AND PARTITION FENCES
IC 32-26-2
Chapter 2. Enclosures, Trespassing Animals, and Partition Fences
IC 32-26-2-1
Lawful fences
Sec. 1. (a) As used in this chapter, "lawful fence" means anystructure typically used by husbandmen for the enclosure of property.
(b) The term includes:
(1) a cattle guard;
(2) a hedge;
(3) a ditch; and
(4) any other structure that witnesses knowledgeable aboutfences testify is sufficient to enclose property.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-2
Domestic animal breaking into enclosure
Sec. 2. (a) This subsection applies in a township for which theboard of county commissioners has adopted an ordinance that allowsdomestic animals to run at large in unenclosed public areas. If adomestic animal breaks into an enclosure or enters upon the propertyof another person that is enclosed by a lawful fence, the personinjured by the actions of the domestic animal may recover theamount of damage done.
(b) This subsection applies in a township for which the board ofcounty commissioners has not adopted an ordinance that allowsdomestic animals to run at large in unenclosed public areas. If adomestic animal breaks into an enclosure or enters upon the propertyof another person, it is not necessary for the person injured by theactions of the domestic animal to allege or prove the existence of alawful fence to recover for the damage done.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-3
Tender of costs and damages; confession of judgment
Sec. 3. (a) The owner of a domestic animal described in section2 of this chapter may:
(1) tender to the person injured by the domestic animal:
(A) any costs that have accrued; and
(B) an amount, in lieu of damage, which equals or exceedsthe amount of damages awarded by the court or by a jury inan action filed to recover damages caused by the actions ofthe domestic animal; or
(2) offer in writing to confess judgment for the amounts setforth in subdivision (1);
before an action filed to recover damages caused by a domesticanimal described in section 2 of this chapter proceeds to trial.
(b) If the person injured by the domestic animal described insection 2 of this chapter rejects the tender or offer under subsection
(a) and causes a trial for damages to proceed, the person injured:
(1) shall pay the costs of the trial; and
(2) may recover only the damages awarded.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-4
Strays; confining domestic animal
Sec. 4. Except as provided in this chapter, if a domestic animalbreaks into the enclosure of a person who is not the owner of thedomestic animal, the person, without regard to the season of the year:
(1) may confine the animal in the same manner as a stray animalmay be confined; and
(2) shall proceed under IC 32-34-8 for stray animals.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-5
Notice to owner; confining domestic animal
Sec. 5. A person described in section 4 of this chapter shall,within twenty-four (24) hours after confining a stray animal, givenotice to the owner of the animal, if the owner is known and can beimmediately found.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-6
Examination and assessment of damages
Sec. 6. Before posting or advertising a stray animal, a persondescribed in section 4 of this chapter shall procure from two (2)disinterested property owners an examination and assessment of thedamages caused by the stray animal with a certificate of the damages.Damages under this section may include reasonable pay for thepersons making the assessment.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-7
Notice or advertisement of confined domestic animal
Sec. 7. A notice or advertisement described in section 6 of thischapter must specify the following:
(1) The fact of trespass in the enclosure of the person confiningthe stray animal.
(2) The damages assessed, including pay for the person makingthe assessment.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-8
Owner demanding trespassing stray from confiner
Sec. 8. The owner of a stray animal confined under section 4 ofthis chapter may demand the stray animal from the person whoconfined the stray animal only if the following conditions are met:
(1) The owner proceeds under IC 32-34-8-18 to prove that thestray animal is the owner's property. (2) The owner pays the costs allowed in the case of strayanimals.
(3) The owner pays the damages and the costs of assessment.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-9
Trial; owner controverting damages or denying trespass
Sec. 9. (a) Within five (5) days after the owner of a stray animalconfined under section 4 of this chapter receives a notice undersection 7 of this chapter, the owner may file a civil action to:
(1) controvert the amount of damages assessed; or
(2) deny the trespass.
(b) If the owner of a stray animal confined under section 4 of thischapter files an action under subsection (a), the cause shall bedocketed for trial.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-10
Jury trial
Sec. 10. Either party in an action filed under section 9 of thischapter may demand a jury.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-11
Damages and costs; payment before recovering property
Sec. 11. If damages are assessed against the owner of a strayanimal in a trial under this chapter, the owner must pay the damagesand all costs assessed against the owner before the owner mayrecover the owner's property.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-12
Judgment; trespass not committed by animal confined
Sec. 12. If the verdict or finding in a trial under this chapter is thatthe stray animal confined under section 4 of this chapter did notcommit the trespass, a judgment shall be entered against the personwho confined the stray animal for all costs and damages that areassessed.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-13
Sale of trespassing strays; retention of damages and costs
Sec. 13. If a stray animal confined under section 4 of this chapteris sold under IC 32-34-8, the person who confined the stray animalmay retain out of the sale price of the stray animal the damagessustained by the person and the costs of assessing the damages inaddition to the costs and allowances recoverable under IC 32-34-8.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-14 Release of trespassing animal; fence not lawful
Sec. 14. In an action filed under this chapter, if the court or juryfinds the fence through which a stray animal breaks is not a lawfulfence, the animal shall be released to the animal's owner and theoccupant of the enclosure shall pay costs and damages to the animal'sowner.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-15
Existing fence becoming partition fence; compensation
Sec. 15. When a fence that is already erected becomes a partitionfence because previously unenclosed property is enclosed, the personwho encloses the previously unenclosed property shall pay to theowner of the existing fence fifty percent (50%) of the value of theexisting fence, as estimated by the owner of the existing fence.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-16
Existing fence becoming partition fence; action for payment
Sec. 16. (a) If a person who encloses previously unenclosedproperty refuses to pay the owner of an existing fence under section15 of this chapter, the owner may file a civil action for recovery ofthe amount due under section 15 of this chapter.
(b) This subsection applies if, before a trial under subsection (a):
(1) the person who encloses the previously unenclosed propertyoffers to the owner of an existing fence; and
(2) the owner of the existing fence refuses to accept;
an amount equal to or larger than the damages awarded at the trialand the costs accrued up to the date of the offer. The owner of theexisting fence shall pay the costs of the action and receive only thedamages assessed.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-17
Joining fence to fence of another
Sec. 17. A person who encloses property that has previously beenunenclosed may not join the new fence to another person's existingfence without the consent of the owner of the existing fence. Ifconsent to join the new fence with the existing fence is not given,each property owner shall give property that is equivalent to fiftypercent (50%) of the width of a lane, or a reasonable distance, for theerection of the second fence.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-18
Notice; intention to remove partition fence
Sec. 18. This section applies to a person who ceases to use theperson's property or opens the person's enclosures. A person to whomthis section applies may not remove any part of the person's fencethat forms a partition fence between the person's property and the
enclosure of any other person until the person to whom this sectionapplies has first given six (6) months notice of the person's intentionto remove the fence to any person who may be interested in theremoval of the fence.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-19
Removal of fence erected on land of another; damages
Sec. 19. (a) This section applies to a person who, by mistake,erects a fence on the property of another person.
(b) Within six (6) months after the determination of the legalproperty line, a person to whom this section applies may enter uponthe other person's property and remove the fence that the person towhom this section applies erected. Before entering upon the otherperson's property, the person to whom this section applies must payor offer to pay to the other person reasonable damages for injurycaused in passing over the property to remove the fence.
As added by P.L.2-2002, SEC.11.
IC 32-26-2-20
Removal of fence erected on land of another; safeguarding crops
Sec. 20. If the fence to be removed under section 19 of thischapter forms any part of a fence enclosing a field of another partyon which there is a crop, the person to whom section 19 of thischapter applies may not remove the fence in a manner that exposesthe field until the crop:
(1) has been gathered and removed, or secured from injury; or
(2) might, with reasonable diligence, have been gathered andsecured. After the conditions set forth in this section have beenmet, the person to whom section 19 of this chapter applies mayimmediately remove the fence and materials, whether or notmore than six (6) months have elapsed since the legal propertyline was determined.
As added by P.L.2-2002, SEC.11.